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(영문) 창원지방법원 2018.10.25 2018가합54579
임시총회결의 무효 확인
Text

1. The Defendant confirms that a resolution on the agenda stated in the separate sheet issued by the special general meeting on September 28, 2017 is null and void.

Reasons

1. Basic facts

A. The defendant is a regional housing association that has obtained authorization for the establishment pursuant to Article 11 of the Housing Act by designating the Dong-si Cdong Housing Site as a housing construction site, and the plaintiff is a member of the defendant association.

B. On September 28, 2017, the Defendant opened an extraordinary general meeting and adopted a resolution on 21 agenda items, including the agenda items stated in the separate list.

(hereinafter “instant resolution of the general assembly”). C.

The provisions pertaining to the instant case in the Defendant’s bylaws are as follows:

(6) Where a member fails to perform his/her duties as a member and causes damage to a cooperative, the member may be expelled according to a resolution of the board of directors or the general meeting, if he/she falls under any of the following cases:

In such cases, an opportunity to vindicate shall be given to the relevant member before expulsion, but where the member fails to comply with such opportunity even though he/she has been given such opportunity, it shall be deemed that

1. Where the person fails to pay contributions, etc. on at least two consecutive occasions by the designated date;

2. Where the act in violation of the objectives of the association has caused enormous damages to the promotion of the project (based on recognition), the entries in the evidence Nos. 1, 2, 5, 6, 9, 1, 2, and 3 (including virtual numbers), and the purport of the whole pleadings;

2. The assertion and judgment

(a) Disposition of expulsion of a member of an organization is to deprive the member of the status against the will of the member, so it is difficult to achieve the objectives of the association or expulsion is inevitable for common interests only as the last means;

In a case where a union orders the expulsion of a union member, the court may examine the validity of the expulsion by examining the existence of the reason for expulsion and the legitimacy of the resolution contents, and the burden of proving the existence of the reason for expulsion is against the organization asserting that the expulsion is justifiable.

Supreme Court Decision 93Da21750 Decided May 10, 1994 and Supreme Court Decision 12 November 12, 2004

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